McInerny v. Toler

Moss, Chief Justice.

E. R. McInerny, Jr., the respondent herein, instituted this action against W. G. Toler, the appellant herein, to cancel a lease entered into by the parties as landlord and tenant, and for damages for the alleged breaches of the conditions of said lease. The summons and complaint were served on the appellant, on April 28, 1971, and he did not answer the complaint within the twenty day period prescribed by Section 10-641 of the Code.

It appears that on May 21, 1971, counsel for the respondent filed his affidavit averring that the appellant had failed to file an answer in said…